Study Session GMA 2011-2014 Work Program UpdateAgenda Item 9
(b)
CITY OF WOODINVILLE, WA
REPORT TO THE PLANNING COMMISSION 17301 133rd Avenue NE,
Woodinville, WA 98072 WWW.CI.WOODINVILLE.WA.U5
To: Planning Commission Date: January 5, 2011
From: Hal H. Hart, Development Services Director ~ SUbject: Study
Session: Planning Commission 2011-2014 Comprehensive Plan And
Development Regulation Work Program Update
ISSlIE: Shall the Planning Commission review and discuss the
proposed mandated Growth Management updates to the City of
Woodinville's Comprehensive Plan and Development Regulations?
RECOMMENDATION: That the Planning Commission review and discuss the
proposed 2011 2014 Comprehensive Plan and Development Regulation
Work Program Update Items
POLICY DECISION: The Planning Commission is adVisory to the City
Council. The City Council has requested that each City board and
commission prepare a work program for each year. In addition, the
City is developing a multi-year (4) year strategy to update the
City's Comprehensive Plan and implementing ordinances or
Development Regulations consistent with Growth Management Act
Mandates under RCW36.70A.
POLICY CONTEXT: The Planning Commission Comprehensive Plan and
Development Regulation work program is a guide for Planning
Commission and staff as to the activities and work for the four
years. This work program signals to the public what the City's
planning work will be as the ten year revision process moves ahead.
Like the annual work program the Growth Management Update Work
Program is also an evolving document, since the City Council may
eliminate, modify, or add work elements throughout the year due to
annual concerns, emerging issues or other more pressing priorities.
An example of this would be the changes in the Capital Improvement
Plan that occur mid year. At this time, these goals and the
Council's 2011 Work Program have yet to be finalized but they will
incorporate some of the basic data collection and background
information updates necessary to complete the update of each of the
comprehensive plan elements. For example using the available census
data (available only after December 21, 2010) to better understand
how the City has evolved over the past decade will help guide
policies across each comprehensive planning element.
BACKGROUNDIDISCUSSION: Most of the work items fall into two primary
categories for the Comprehensive Plan and Development Regulation
Update: Council Goals for the Update and state & legal mandates
(Growth Management Act requirements and case law) for the
update.
The Annual Dockets between 2011 and 2014 will tie into the updating
process. Public Outreach efforts are both on-going and tied to
specific work items that appear on the Planning Commission Work
Plan each year, as well as laid out in the attached documents for
this item.
The Growth Management Act (GMA) requires cities to update their
comprehensive plans and development regulations by 2014. Because of
the complexity and the amount of time involved, work on our
Comprehensive Plan is scheduled to start in 2011 and continue well
into 2014. Following the update of the Comprehensive Plan, work
will begin on the Zoning Code and other development regulations.
This work is scheduled to be completed in 2014.
1:\CounCII, Boards & Commissions\Planning
Commission\SlaIfRc:porn\2011\O]"()5\GMA Comprehensive: Plan and
Dc\'c:1opmclIl Reg Work Plan Discussion Upd.'uc
ZOII·20I.f.DOC
Consultation with the Washington State Commerce Department's Growth
Management Office has indicated that grants will not likely be
available in 2011 as they have been in the past to do much of this
work due to significant cuts in the Washington state budget.
One area to explore will be to monitor the Puget Sound Action
Agenda. This effort includes monies for cities and counties who are
concentrating urban development in urban centers. These monies may
assist cities who are working to enhance key urban sprawl,
environmental protection, restoration goals simultaneously with
concentrating urban population growth in more efficient ways.
The proposed Four Year Work Program for the Comprehensive Plan and
Development Regulation Update would be occurring simultaneously
with potential work master plans and other work items scheduled
that are scheduled annually.
FACTS AND FINDINGS:
1. The City Council has requested a Planning Commission Growth
Management Comprehensive Plan and Development Regulation Update
general work program be submitted for consideration and approval by
the City Council.
2. The City Council may eliminate, modify, or add work elements to
the work program throughout the coming years (2011 - 2014).
3. When adopted by Council, the Planning Commission Comprehensive
Plan and Development Regulation Update work program will be used as
a mechanism to track progress throughout the next four years.
ANALYSIS: The four year Comprehensive Plan and Development
Regulations work program is intended to provide clear direction to
the Planning Commission and staff regarding work items and
expectations over the four year planning period between 2011 and
2014. It also serves to communicate to Council, the Planning
Commission, state agencies and others, what the City of
Woodinville's emphasis will be throughout the next four years. This
should also provide the public, Council, Planning Commission and
staff a mechanism to track progress of work items over time.
The work program not only helps to measure progress, but will
assist the Planning Commission and staff to remain focused on the
highest priorities that need to be accomplished in the coming
years. As indicated above, the Commission's Growth Management
Update Work Program is subject to Council's periodic modification
when changes to established goals and priorities become necessary.
In any case, the work program presented constitutes a significant
long term workload for the Planning Commission, Council and staff
and, if additional items are added, other items will need to be
delayed or removed from the Growth Management work program or from
the annual work program, depending on Council priorities, available
funding, or available staff time.
ALTERNATIVES: 1. Review and discuss the proposed updates to the
Planning Commission 2011 - 2014
Comprehensive Plan and Development Regulation Work Program.
2. Delay consideration of the work program (no action).
RECOMMENDATED ACTION: Review and discuss proposed updates to the
Planning Commission 2011 - 2014 Comprehensive Plan and Development
Regulation Work Program as presented in Attachment A.
I:\CoUllcil. Boards & Commissions\Planning CommiSSIOII\Swff
Rcports\2011\O 1~)5\GMA Comprehensive Plan and Dcvelopmenl Reg Work
Plan Discussion Updale 20 Il·2014.DOC
ATTACHMENTS A - Work Program and Timeline for 2011-2014
Comprehensive Plan & Development Regulations Update B - Keeping
Your Comprehensive Plan and Development Regulations Current,
Department of Commerce C - RCW 36.70A.140, Ensure Public
Participation D - WAC 365-196-600, Public Participation
1:\Council. Boards & Commi!>Slons\Planning CommisslOn\SlafT
Rcpons\211 11\0 I..()S\GMA Comprehensive Plan and Development Reg
Work Plan Discussion Updillc 201 1·20)4.DOC
Attachment A
PLANNING COMMISSION DISCUSSION DRAFT 2011-201410 YEAR WORK PLAN
UPDATE PROCESS
WORK PLAN ITEMS 2011 2012 2013 2014 Projected Work Flow and
Specific Comprehensive Plan Elements/Development
Technical Appendices
Development Regulation Updates
Update Comprehensive Plan Elements Environmental Review On Going On
Going On Going On Going Transportation Element XXXXXXX XXXXXXXX
Capital and Public Facilities Element
XXXXXXX XXXXXXXX
Land Use Element XXXXXXX XXXXXXXX Housing Element XXXXXXX XXXXXXXX
Human Services Element
XXXXXXXX XXXXXXXX
XXXXXXXX XXXXXXXX
XXXXXXX X
XXXXXXX
1:\CoUllcii. Boards &. Commissions\Planmng
Commlsslon\StaITRcpons\2011\Oj-()S\GMA Comprehensive Plan and
Development Reg Work Plan Discussion Upd.:uc 2011·2014.DOC
ATTACHMENTB
· Department of Commerce . . Innovation is in our nature.O Keeping
Your Comprehensive Plan and
Development Regulations Current
under the Growth Management Act
Prepared by the Washington State Department of Commerce Local
Government Division
Growth Management Services April 2010
Acronyms and terms used in this guide
CAO - Critical Areas Ordinance
CARL - Critical Areas and Resource Lands
Commerce - Washington State Department of Commerce (previously
named the Department of Community, Trade and Economic Development
or CTED prior to July 2009)
Comprehensive plan - land use document that provides the framework
and policy direction to manage where and how growth needs are met.
Plan elements address land use, housing, capital facilities,
utilities, rural/natural resources, transportation, economic
development, environment, cultural resources, and other
topics.
Development regulations - controls placed on development or land
use activities by a county or city, such as codes for zoning,
critical areas, planned unit developments, and subdivisions.
GMA - Growth Management Act, Chapter 36.70A, RCW
GMS - Growth Management Services, a unit in the Department of
Commerce, Local Government Division that helps counties and cities
implement the GMA.
OFM - Washington State Office of Financial Management
Periodic update - A regularly scheduled review and update of county
and city comprehensive plans and development regulations. For most
communities, the update takes place every seven years under a
schedule established by the Legislature in the GMA. This is
sometimes referred to as a "seven-year update" because most
jurisdictions need to update every seven years.
RCW - Revised Code of Washington (laws adopted by the state
Legislature)
SMA - Shoreline Management Act
SMP - Shoreline Master Program
UGA - Urban Growth Area
WAC - Washington Administrative Code (rules adopted by state
agencies)
1 I Keeping Your Comprehensive Plan & Development Regulations
Current: A Guide to the Periodic Update Process
Table of Contents
I. Introduction 3
When is the update due? 4
Maya jurisdiction complete the update early? 5
II. The review and update process 6
1. Establish a public participation program 6
2. Review and revise comprehensive plans and development
regulations 7
3. Take legislative action 12
4. Submit notice to state agencies 12
III. Missed deadlines and appeals 13
IV. Grants for periodic updates 14
V. Appendices 15
2 I Keeping Your Comprehensive Plan & Development Regulations
Current: A Guide to the Periodic Update Process
I. Introduction The comprehensive plan is the centerpiece of local
planning in Washington State. Like business plans, comprehensive
plans provide the framework for how our communities will grow. And
like business plans, they must evolve over time to be
effective.
Many communities amend their comprehensive plan annually and
regularly adopt changes to the development regulations that
implement them. In addition to these regular amendments, the state
Growth Management Act (GMA) requires counties and cities to
periodically conduct a thorough review of their plan and
regulations to bring them up to date with any relevant changes in
the GMA and to respond to changes in land use and population
growth. 1
This mandatory "periodic update" takes place for most communities
at least once every seven years, though smaller, slower-growing
communities may take longer.
This guide explains when and how to go through the necessary steps
in the periodic update process. The level of effort and timing of
the update steps will vary depending on how recently your community
has comprehensively updated its plan, the size of your community,
and other factors.
This guide is intended as a user-friendly supplement to the GMA
statutes and administrative rules that describe procedures that
must be followed and substantive issues that must be addressed.
This guide may not be able to answer all your questions about the
periodic update - the Washington Department of Commerce, Growth
Management Services program may be able to help. Please see
Appendix A for contact information or call (360) 725-3000.
Why we plan
"...all ofus know that quality oflife is notguaranteed. We maintain
it through the hard work ofour citizens, our businesses, and our
state and local-elected officials who make the tough decisions
every day to ensure that we have a healthy, natural environment, a
strong, sustainable economy, competitive, high-performing schools,
and safe and high-quality communities for all ofus to enjoy.
All of this makes Washington competitive in the global economy. And
ifwe eliminate even one of these regional values, we diminish
ourselves and our communities.
Comprehensive plans give expression to the values and priorities
ofour communities. These plans provide a 20-to-SO-year vision-a
roadmap for how our communities want to look and to function. For
rural towns, it may be to preserve and sustain their agricultural
heritage,for another, prioritizing downtown redevelopment. It all
adds up to a shared vision, tough decisions, and
partnerships."
- Governor Chris Gregoire, announcing Smart Communities Awards,
2007
1 The GMA is codified under RCW 36.70A. The "periodic update"
requirements are found in RCW 36.70A.130
3 I Keeping Your Comprehensive Pion & Development Regulotions
Current: A Guide to the Periodic Updote Process
Who must complete the periodic update? Every county and city in the
state is required to conduct a periodic update, though the
obligation varies depending on whether the jurisdiction is fully or
partially planning2 (see sidebar).
Fully planning counties and cities must complete the periodic
update for their entire comprehensive plan and development
regulations.
Partially planning counties are required to periodically update
their critical areas ordinance and resource lands provisions.
Partially planning cities usually have no designated resource
lands, so their periodic update is usually limited to their
critical areas ordinance.
When is the update due? Under the GMA, the Legislature established
a schedule for when the periodic update is required to be complete.
3 The map below reflects new deadlines adopted by the 2010
legislature.4 Except for certain small, slow-growing communities,
each county and its cities must complete the periodic update by
December 1 of the years shown in Figure 1, and every seven years
after that.
GMA Update Schedule: RCW 36.70A.130(4)
o ~~!v~rc~I~~~~r~~l~?mmerce
..9kan01l.n
2017 GM5/GI5: M.ceh 2010
Figure 1: GMA Update Deadlines as amended in 2010 (see below for
small and slow-growing jurisdictions)
2 Statute describing fully planning: RCW 36.70A.040(1); Statute
describing "opting in": 3 RCW 36.70A.130(S)
"Fully" or "partlally" planning"
"Fully planning" means that a city or county must meet all GMA
requirements, including adoption ofa comprehensive plan and a
complete set ofdevelopment regulations implementing the plan. Only
the state's fastest growing counties and cities are required to
plan fully, though a number of counties have "opted-in" by
choice.
"Partially planning" jurisdictions are the counties - and the
cities within their boundaries that do not meet GMA population
andgrowth rate thresholds and have not chosen to fully plan under
the Act. Partially planning counties are required to designate and
protect critical areas and designate resource lands (CARL).
Partially planning cities must designate and protect critical
areas, and may designate mineral resource lands. Currently there
are ten partially planning counties: Adams, Asotin, Cowlitz, Grays
Harbor, Klickitat, Lincoln, Okanogan, Skamania, Wahkiakum, and
Whitman Counties.
RCW 36.70A.040(2l
4 See SSB 6611. Deadlines were extended by three years because
state grants were unavailable.
4 I Keeping Your Comprehensive Plan & Development Regulations
Current: A Guide to the Periodic Update Process
December 1, 2014, but it completes its update in 2012, then it
would still not be subject to another update until 2021.
5 RCW 36.70A.130(6)(b) 6 RCW 36.70A.130(6)(d)
7 RCW 36.70A.130(6)(a)
5 I Keeping Your Comprehensive Plan & Development Regulations
Current: A Guide to the Periodic Update Process
In 2006 the legislature had approved a three-year extension for
certain smaller, slower-growing jurisdictions with original update
deadlines of 2005, 2006, and 2007 (see sidebar for criteria). 5 The
2010 legislature has provided an additional three years for
smaller, slow-growing jurisdictions that had an original deadline
of December 1, 2007 (see sidebar and map below). 6 These
jurisdictions received extra time because state grants were not
available.
Gray~ Harbor "
Figure 2: Smaller, slow-growing jurisdictions with GMA update
deadline of December 1, 2013 (extended from an original deadline of
2007).
Maya jurisdiction complete the update early? A jurisdiction may
complete the periodic update process before its deadline. 7 The
deadline for its next periodic update would still remain seven
years from the original deadline established in the GMA. For
example, if a jurisdiction has an update deadline of
What is a small or slow growing jurisdiction (5B 6427)7
A county with a population ofno more than 50,000 and a growth rate
ofless than 17%.
A city with a population of less than 5,000, and either a growth
rate ofno more than 17% or a total population growth ofless than
100 persons.
Growth rates are measured using the ten-year period preceding the
regular due date.
See RCW 36. 7oA.130(6)(b) & (c)
Which small or slow growing jurisdictions are eligible for a
second 3-year extension (5B 6611)7
Jurisdictions that had an original deadline ofDecember 1, 2007 and
met the criteria for the first three-year extension (deadline
ofDecember 1,2010) now have an additional three year extension to
December 1, 2013.
See RCW 36.70A.130(6) (d):
II. The review and update process There are four overall tasks
counties and cities must take during the periodic update process.
Tips for completing each of these tasks are included in the
following sections.
1. Establish a public 2. Review relevant 3. Take legislative 4.
Submit notice to participation plans and action. state program
regulations
Develop a plan that includes a schedule for steps in the update
process to ensure the public is awa re of the process and knows how
they can participate.
Evaluate whether there is a need to revise the comprehensive plan
and development regulations to ensure they are consistent with the
GMA.
Adopt an ordinance
or resolution finding
prior to taking
legislative action, and
action.
Before undertaking the update it is helpful for county or city
staff to establish a work program that outlines the entire periodic
update process. See sample work program in Appendix B.
1. Establish a public participation program Counties and cities are
required to establish a program that identifies procedures and
schedules for the public to participate in the periodic update. 8
The program must provide for early and continuous public
participation. 9 The program should clearly identify the scope of
the review and identify when legislative action on the review and
update component are proposed to occur. Counties and cities must
ensure that notice of the update process is broadly and effectively
disseminated.1o See Appendix C for examples of public participation
programs.
The best way for a county or city to complete this requirement is
to publish a complete public participation program or schedule at
the beginning of the update process. However, it is not required
that a county or city establish the entire schedule at the
beginning of the process, as long as a program is established and
effective notice is provided for all update steps.
Local jurisdictions may want to formally adopt the public
participation program by resolution or ordinance to formalize the
update process and help to meet the GMA requirements for early and
continuous public involvement. See sample ordinances in Appendix
C.
A public participation plan can be adjusted over time if needed.
The GMA prOVides that "errors in exact compliance with the
established program and procedures shall not render the
8 RCW 36.70A.130(2)(a)
9 RCW 36.70A.140 10 RCW 36.70A.035
6 I Keeping Your Comprehensive Plan & Development Regulations
Current: A Guide to the Periodic Update Process
comprehensive land use plan or development regulations invalid if
the spirit of the program and procedures is observed."ll
2. Review and revise comprehensive plans and development
regulations The Department of Commerce periodic update checklists
should be the foundation of your review. These checklists (one for
cities, one for counties) provide a concise summary of the GMA
requirements. See Appendix D. GMA periodic update:
Filling out the checklists will help compare your local plan Fully
planning: and regulations against the latest requirements,
"Each comprehensive land use plandetermine what needs to be
reviewed in greater detail, and development regulations shall
be
and what may need to be added, deleted, and amended in subject to
continuing review and
plans and codes to maintain compliance with the act. 12 evaluation
by the county or city that adopted them. [A] county or city shall
Commerce strongly recommends use of the checklists in take
legislative action to review and,designing your work program to
complete the periodic ifneeded, revise its comprehensive
update. land use plan and development
Counties and cities may elect to adopt an ordinance or regulations
to ensure the plan and regulations comply with [GMA]resolution
after reviewing and analyzing what will be requirements."updated
and determining the scope of changes needed.
This is a formal way to let the public know early "what is
Partially planning: on the table" as part of the update. It also
may help to
[A] county or city not [fully-planning limit appeals. If there are
no challenges to the scope of under GMA ]shall take action to
revisions within 60 days after the legislative action, review and,
ifneeded, revise its challenges to the jurisdiction's final
ordinance will be policies and development regulations limited to
the subjects defined in the ordinance. See regarding critical areas
and sample legislative actions establishing the scope of an natural
resource lands ... to ensure update in Appendix C. these policies
and regulations
comply with [GMA] requirements .... " The statute does not exempt
any portion of a
- RCW 36.70A.130(l)(a & b)comprehensive plan or any development
regulations from being subject to review and evaluation. However,
local governments may use common-sense factors in determining the
level of review, taking into account when the plan and regulations
were adopted and whether and how the GMA has been amended in the
intervening time.
11 RCW 36.70A.140
12 Commerce encourages local governments to complete a checklist as
part of the application to receive periodic update funds from GMS
(funds are not currently available). The checklist can also be used
at the very end of the update process to document what changes are
proposed for adoption.
7 I Keeping Your Comprehensive Plan & Development Regulations
Current: A Guide to the Periodic Update Process
Mandatory items to review and revise (if needed)
The GMA calls out a number of specific items that must be reviewed
as part of the periodic update.
Amendments to the GMA The primary purpose of the periodic update is
to ensure local plans and regulations comply with all current
requirements. Although the basic structure of the GMA has remained
intact over the years, the state legislature has amended it
frequently. The checklists highlight all requirements and indicate
when the changes were adopted. In addition to the checklists,
Commerce has prepared a summary of these amendments by year to help
you zero in on what needs to be amended, based on when your plans
and regulations were last amended. See Appendix E.
Partially planning jurisdictions only need to review and evaluate
their policies and development regulations governing critical areas
and natural resource lands. Fully planning jurisdictions will need
to conduct a review and evaluation of all comprehensive plan
provisions and development regulations.
Critical areas ordinances One of the initial requirements of the
GMA was to designate and protect critical areas. The GMA requires
all counties and cities to review and evaluate these critical areas
ordinances during the periodic update. 13 The GMA requires that
"best available science" (BAS) be included in developing
regulations to protect critical area functions and values. Meeting
the BAS requirement was challenging for many jurisdictions in the
initial round of periodic updates. The Department of Commerce and
other state agencies, including the departments of Ecology and Fish
and Wildlife, have published guidance for local communities on how
to identify what constitutes BAS for critical areas protection and
how local governments can include science in their policies and
development regulations. These include model ordinances and lists
of recommended habitats and species for protection. Counties and
cities should consult these state agency recommendations for
possible changes since their last periodic update. See Appendix F.
In addition, they should include any other scientific information
that may apply directly to their jurisdiction.
Until counties and cities have completed a comprehensive shoreline
master program (SMP) update, uses or structures legally located
within shoreline areas that were established or vested before the
effective date of the CAO may continue as conforming uses. Cities
and counties may authorize redevelopment or modification of these
existing uses or structures provided they are consistent with the
local SMP and will achieve no net loss of ecological functions.
14
Mineral resource lands designations and development regulations
Another significant requirement of the initial GMA was for all
counties and cities to designate mineral lands that are not already
characterized by urban growth and that have long-term
13 RCW 36.70A.130(1)(c), RCW 36.70A.172(ll 14 RCW 36.70A.480(3)(c),
as amended by the 2010 legislature. Under RCW 90.58.030, a
"comprehensive SMP update" is defined as one that fully achieves
requirements of Ecology's SMP guidelines (WAC 173-26).
8 I Keeping Your Comprehensive Pion & Development Regulotions
Current: A Guide to the Periodic Updote Process
significance for the extraction of minerals. Fully planning
jurisdictions were also required to adopt Multi-County Planning
Policies regulations that conserve these lands. 15 The GMA in
Central Puget Sound requires that all jurisdictions review these
mineral
The Puget Sound Regional Council resource lands designations and
requires fully f.ESE.Cladopted new multi-county
planning jurisdictions to review their regulations. planning
policies (MPPs) in 2008 as Counties and cities "shall take into
consideration: (1) part 01Vision 2040. These policies
New information made available since the adoption apply to King,
Kitsap, Pierce, and Snohomish counties and the cities or last
review of its designations or development within them.
regulations, including data available from the To implement the
MPPs, theseDepartment of Natural Resources relating to mineral
counties are amending their county
resource deposits; and (2) New or modified model wide planning
policies (CWPPs) by
development regulations for mineral resource lands December
20lO.Jurisdictions in prepared by the Department of Natural
Resources, those counties must ensure their
comprehensive plans are consistent the Department of [Commerce], or
the Washington with both the MPPs and CWPPs.State Association of
Counties.,,16 See Appendix G.
UGAs and population projections Urban growth areas (UGAs), which by
definition include all cities, must allow development densities
sufficient to accommodate the next twenty years of projected
population and employment growth. If zoning regulations don't
authorize the densities to accommodate this growth, jurisdictions
need to increase allowed densities, expand the size of the UGA, or
both.
All fully planning counties, in conjunction with cities, must
review UGAs at least every ten years. 17 The GMA notes that this
"ten-year" review may be combined with the periodic update,
although it does not require it. 18 Unlike the periodic update,
which has a specific deadline for each jurisdiction in statute, the
ten-year period starts from the last UGA review action, so the date
varies considerably among jurisdictions.
Even if a jurisdiction doesn't combine its periodic ("seven-year")
update with its ten-year UGA 19update, the GMA calls for at least a
review of the most recent population projections. This
review will help jurisdictions see if they are on track with growth
projections from the last update and help determine if adjustments
are needed. For example, if growth has occurred much faster than
anticipated, it may suggest changes are needed to the Housing or
Capital Facility elements.
The GMA requires that jurisdictions use population projections from
the Washington State Office of Financial Management (OFM). These
projections are developed every five years. 20
15 RCW 36.70A.170; RCW 36.70A.040 and 36.70A.060 16 RCW
36.70A.131
17 RCW 36.70A.130(3)(a) 18 RCW 36.70A.130(l)(c) 19 RCW
36.70A.130(lHC) 20 RCW 43.62.035
9 I Keeping Your Comprehensive Plan & Development Regulations
Current: A Guide to the Periodic Update Process
The most recent twenty-year population forecast from OFM was issued
in 2007;21 the next one will be issued in 2012.
Any changes to UGAs must be consistent with adopted "County-Wide
Planning Policies." The policies, adopted by counties, set the
general framework for coordinated land use planning between the
county and its cities to ensure respective comprehensive plans are
consistent with each other. Although it is not required, counties
and cities may want to review these policies as part of their
periodic update, especially if they combine it with their ten-year
UGA update.
Recommended items to review and revise (if needed) Counties and
cities should consider addressing the following in their periodic
update.
Land use element The Land Use Element describes the "big picture"
of how a community chooses to balance the goals of the GMA. Key
components of the land use plan are maps showing the future shape
of the community and how its essential components will be
distributed. Resource lands, critical areas, open space corridors,
residential, commercial, industrial, and major public and private
facilities should all be addressed. Because the Land Use Element is
tied to other elements in the comprehensive plan, many periodic
updates include amendments to the Land Use Element. Recent
amendments to the GMA now require communities to consider urban
planning approaches that promote physical activity as part of the
land use element wherever possible. 22
Capital facilities and transportation elements When a community is
planning for population increases, this usually triggers the need
for more infrastructure, such as roads, sewer and water facilities.
Changes in anticipated circumstances and needs may be addressed by
updating the Transportation Element and six-year Capital Facilities
Element. 23 This task requires that planning departments
collaborate closely with public works staff or other service
providers. Note that if as part of your evaluation you determine
that funds will fall short for needed capital facilities, your
community may need to consider changes to the Land Use
Element.
Internal and external consistency Whenever a plan is being amended
it is important to verify that it is "internally consistent" (e.g.,
that the Land Use and Transportation elements support each other)
and that the development regulations are consistent with and
implement the comprehensive plan. 24 Also verify that the
comprehensive plan is "externally consistent," as changes to
comprehensive plans and development regulations in adjacent
jurisdictions, special purpose districts, or state plans may create
an inconsistency with the county or city's comprehensive plan or
development regulations.
21 http://www.ofm.wa.gov/pop/gma/default.asp 22 RCW 36.70A.070(1)
23 RCW 36.70A.070(3}
24 The GMA requires this consistency in RCWs 36.70A.040(4} and
36.70A.070
10 I Keeping Your Comprehensive Plan & Development Regulations
Current: A Guide to the Periodic Update Process
Inventories Counties and cities should review existing inventories
and analyze new inventory data that supports the
Legislative action: comprehensive plan. The GMA specifically
requires the following: "Legislative action means the
adoption ofa resolution or Housing: Inventory and analyze existing
and projected ordinance following notice housing needs, identifying
the number of housing units and a public hearing necessary to
manage project growth. 25 indicating at a minimum, a
Capital Facilities: Inventory existing capital facilities owned
finding that a review and by public entities, showing the locations
and capacities of evaluation has occurred and the capital
facilities, and forecast future needs and identifying the revisions
proposed locations and capacities of expanded or new made, or that
a revision was facilities. 26 not needed and the reasons
therefore. II Transportation: An inventory of air, water and ground
transportation facilities and services, including transit -
RCW36.70A.130(1)(b) alignments and general aviation airport
facilities, to define existing capital facilities and travel levels
and a basis for future planning. This inventory must include state
-owned transportation facilities within the city or county
boundaries. 27
Jurisdictions should also review basic assumptions underlying key
calculations and conclusions in the existing comprehensive plan. If
recent data demonstrates that existing assumptions are no longer
appropriate for the remainder of the twenty -year plan, counties
and cities should consider updating them as part of the periodic
update, or the ten -yearUGA update. Counties and cities required to
establish a review and evaluation program under the "buildable
lands program" should use that information in the periodic update.
28 The GMA now requires Transportation Elements to include a
pedestrian and bicycle component. Jurisdictions may also consider
including multimodal transportation strategies concurrent with
development. See Appendix I.
Other considerations In determining the scope of review, counties
and cities should incorporate any relevant ruling from a court of
law or growth management hearings board, or a finding of
noncompliance with the GMA into its analysis. Jurisdictions should
also consider any comment letters from Commerce or other state
agencies, as well as comments from the public, regarding
consistency of a jurisdiction's plan and development regulations
with the GIVIA.
25 RCW 36,70A,070(2) 26 RCW 36,70A,070(3) 27 RCW 36,70A,070(6) 28
RCW 36.70A.215
11 I Keeping Your Comprehensive Plan & Development Regulations
Current: A Guide to the Periodic Update Process
3. Take legislative action "Legislative action" under the GMA means
adoption of a resolution or ordinance by elected officials (city or
county council/commission) indicating that the community has
reviewed and evaluated the comprehensive plan and regulations and
identifying the revisions made. Counties and cities must provide
adequate notice and hold a public hearing before taking
action.
A county or city may combine the periodic update with their regular
(e.g., annual) program for amendments to their plan, since the GMA
generally prohibits comprehensive plan amendments more frequently
than once per year. 29
The final legislative action will be to adopt any revisions to the
comprehensive plan and/or development regulations, and conclude
that the periodic update is complete. The ordinance or resolution
must be explicitly approved by the local government's legislative
body as having been completed in accordance with GMA update
reqUirements (citing specifically to RCW 36.70A.130), both to
comply with the statute and to set time and subject matter limits
for possible challenges. The resolution or ordinance should include
findings that refer to any previous legislative actions that were
part of the periodic update (e.g., resolutions adopting a public
participation plan), and a finding that the jurisdiction has
completed its periodic update requirement under the GMA.
If a city or county finds that it completely meets all GMA
requirements and no amendments to the comprehensive plan or
development regulations are needed, it must still take legislative
action adopting findings to that effect. See sample final
legislative actions in Appendix C.
Phasing legislative action If a jurisdiction has significant
amendments to their plans and regulations, it may be necessary to
complete the amendments in several phases, perhaps over more than
one year. In some cases, each of these amendments will be adopted
through a separate ordinance or resolution by the jurisdiction's
legislative body. If this process is used, a public hearing should
be conducted on each ordinance or resolution. It should be clearly
identified in the public hearing notice and in the findings of each
ordinance or resolution that the amendments are part of the
periodic update process. Commerce recommends that the final
legislative action taken upon completion of the entire periodic
update process clearly references all previously adopted
amendments, and includes a finding that, taken all together, these
actions fulfill the requirements of the periodic update.
4. Submit notice to state agencies
Send l\Iotice of Intent to Adopt (at least 60 days before
adoption)
Under the GMA, cities and counties must notify Commerce of its
"intent to adopt" plan or regulations at least sixty (60) days
prior to final adoption. 3o This step is often referred to as
"60
29 RCW 36.70A.130(2)(a) 30 RCW 36.70A.106(1)
12 I Keeping Your Comprehensive Plan & Development Regulations
Current: A Guide to the Periodic Update Process
day notice.,,31 Commerce adds all submitted notices and materials
to a database that all reviewing state agencies can access.
Agencies may provide comments to the city or county on the proposed
changes during the public review process prior to adoption.
Send final plans and development regulations (10 days after
adoption)
Cities and counties must submit a complete and accurate copy of its
comprehensive plan or development regulations adopted under the GMA
to Commerce within ten days after final adoption. 32 A copy of the
adopting resolution or ordinance should be included, as well as
indication of when the notice of adoption was published.
This is an important step as it not only finalizes the periodic
update, but it also allows Commerce to update our database to
signify that a specific jurisdiction has completed the periodic
update. Commerce relies on this database when asked to verify that
a jurisdiction is in compliance with the GMA.
How to submit plans and regulations
Submitting GMA materials to the state is as easy as sending one
e-mail with a cover sheet and relevant documents to
[email protected]. Directions are on the Commerce Website.
While electronic submittal is preferred, you may send materials by
mail, either on a compact disc or paper, addressed to the
Washington State Department of Commerce, Growth
3rdlVIanagement Services Review Team, PO Box 42525, 906 Columbia
Street SW - Floor, Olympia, WA 98504-2525.
III. Missed deadlines and appeals Missing the periodic update
deadline has immediate financial consequences. A county or city
that has not completed the basic actions described above by the
deadline set in the GMA will be ineligible to receive funds from
the Public Works Trust Fund 33 or the Centennial Clean Water
4 accoune or to receive preference for other state grants and
loans. 35
Ajurisdiction that has missed an update deadline is also vulnerable
to a "failure to act" petition for review to a Growth Management
Hearings Board (or for partially-planning jurisdictions, to
Superior Court).
If a local government has made significant progress on its update,
but hasn't finished all needed revisions by their periodic update
deadline, it would be prudent to take steps to demonstrate good
faith and progress. Local jurisdictions may adopt a resolution that
documents progress already made and sets a schedule for completing
the update. See Appendix C for an example. While this will not
relieve a local government of its update requirements, or make a
local
31 Some cities and counties combine this notice with their notice
of determination required under the State Environmental Policy Act
32 RCW 36.70A.106(2l 33 RCW 43.155.070 34 RCW 70.146.070 35 RCW
36.70A.130(7l
13 I Keeping Your Comprehensive Pion & Development Regulotions
Current: A Guide to the Periodic Updote Process
government eligible for state grants and loans, it may prevent a
"failure-to-act" challenge, provided the update is completed under
the new schedule.
Appeals of an adopted update ordinance or resolution
Any person or organization with legal standing can appeal a
resolution or ordinance adopted during the periodic update process.
Challenges to actions taken by fully-planning jurisdictions must be
filed with the Growth Management Hearings Boards within sixty days
of publication of final adoption. Challenges to actions taken by
partially-planning jurisdictions are filed in Superior Court.
A legal challenge could potentially be filed on any legislative
action taken to complete the update. However, a jurisdiction can
reduce its risk of appeal by completing each of the basic actions
described above and taking legislative action that clearly
documents the process followed for each action, as well as the
findings and conclusions of each action.
IV. Grants for periodic updates One reason for the three-year
periodic update extension is because there are currently no state
planning grants available for GMA periodic update work.
The Department of Commerce administers a grant program for counties
and cities with upcoming periodic update deadlines. The grant can
be used to cover most activities related to updating comprehensive
plans and development regulations, such as staff time, consultant
contracts, and the cost of providing public notice, printing, and
copying.
A set grant amount is typically reserved for each jurisdiction,
when state funding allows, based on population and the level of
required GMA responsibilities. If funding is approved by the
Legislature, grants generally become available 18-24 months prior
to each jurisdiction's periodic update deadline.
14 I Keeping Your Comprehensive Plan & Development Regulations
Current: A Guide to the Periodic Update Process
v. Appendices
A. GMS Planner Map with assignments Laws, rules, legal
decisions
B. Update "Work Program" The Growth Management Act and related
statutes
C. Example Resolutions/Ordinances Growth Management Act rules
Public Participation Growth Management Hearings
Scope of Periodic Update Work Program Boards
Final "legislative action" adoption completing update
Update work not complete, set schedule for completion
D. Checklists
E. Changes to GMA
F. Critical Areas
Critical Areas Review for Best Available Science (BAS)
State Agency Resources for local Governments Updating Critical
Areas Ordinances
G. Resource Lands
H. Good Examples
I. Other Planning Guidance and Resources
Department of Commerce GMS Publications list by Topics
WSDOT Minimum Requirements and Resources
Municipal Research Services Center planning website
15 I Keeping Your Comprehensive Pion & Development Regulotions
Current: A Guide to the Periodic Update Process
Page 1 of 1
AITACHMENT CRCW 36.70A.140 Comprehensive plans -- Ensure public
participation.
Each county and city that is required or chooses to plan under RCW
36.70A.040 shall establish and broadly disseminate to the public a
public participation program identifying procedures providing for
early and continuous public participation in the development and
amendment of comprehensive land use plans and development
regulations implementing such plans. The procedures shall provide
for broad dissemination of proposals and alternatives, opportunity
for written comments, public meetings after effective notice,
provision for open discussion, communication programs, information
services, and consideration of and response to public comments. In
enacting legislation in response to the board's decision pursuant
to RCW 36.70A.300 declaring part or all ofa comprehensive plan or
development regulation invalid, the county or city shall provide
for public participation that is appropriate and effective under
the circumstances presented by the board's order. Errors in exact
compliance with the established program and procedures shall not
render the comprehensive land use plan or development regulations
invalid if the spirit of the program and procedures is
observed.
[1995 c 347 § 107; 1990 1st ex.s. c 17 § 14.]
NOTES:
Finding -- Severability -- Part headings and table of contents not
law -- 1995 c 347: See notes following RCW 36.70A.470.
http://www.mrsc.org/mc/rcw/RCW%20%2036%20%20TITLE/RCW%20...
1212312010
Page 1 of6
AITACHMENTD WAC 365-196-600 Public participation. (1)
Requirements.
(a) Each county and city planning under the act must establish
procedures for early and continuous public participation in the
development and amendment of comprehensive plans and development
regulations. The procedures are not required to be reestablished
for each set of amendments.
(b) The procedures must provide for broad dissemination of
proposals and alternatives, opportunity for written comments,
public meetings after effective notice, provision for open
discussion, communication programs, information services, and
consideration of and response to public comments.
(c) Errors in exact compliance with the established procedures do
not render the comprehensive plan or development regulations
invalid if the spirit of the procedures is observed.
(2) Record of process.
(a) Whenever a provision of the comprehensive plan or development
regulation is based on factual data, a clear reference to its
source should be made part of the adoption record.
(b) The record should show how the public participation requirement
was met.
(c) All public hearings should be recorded.
(3) Recommendations for meeting public participation requirements.
These recommendations are a list of suggestions for meeting the
public participation requirement.
(a) Designing the public participation program.
(i) Implementation of the act requires a series of interrelated
steps, including: Development of the initial comprehensive plan,
evaluating amendments as part of the docket cycle, conducting the
seven-year periodic update and reviewing the urban growth
boundaries, amending development regulations, and conducting
subarea planning. Each of these has different levels of
significance and different procedural requirements.
(ii) Counties and cities are not required to establish individual
public participation programs for each individual amendment.
Counties and cities may wish to consider establishing a public
program for annual amendments, and establishing separate or updated
programs for major periodic updates. When developing a public
participation plan for a project not covered by the existing public
participation plan, a county or city should develop a public
participation plan tailored to the type of action under
http://www.mrsc.org/mc/wac/WAC%20365%20%20TITLE/WAC%20365...
12/23/2010
Page 2 of6
consideration. This public participation plan should be focused on
the type of public involvement appropriate for that type of
action.
(iii) The public participation plan should identify which
procedural requirements apply for the type of action under
consideration and how the county or city intends to meet those
requirements.
(iv) To avoid duplication of effort, counties and cities should
integrate public involvement required by the State Environmental
Policy Act, chapter 43.21 C RCW, and rules adopted thereunder, into
the overall public participation plan.
(v) Where a proposed amendment involves shorelines of the state, a
county or city should integrate the public participation
requirements of the Shoreline Management Act, chapter 90.58 RCW,
into its public participation plan, as appropriate.
(vi) Once established, the public participation plan must be
broadly disseminated.
(b) Visioning. When developing a new comprehensive plan or a
significant update to an existing comprehensive plan, counties and
cities should consider using a visioning process. The public should
be involved, because the purpose of a visioning process is to gain
public input on the desired features of the community. The
comprehensive plan can then be designed to achieve these
features.
(c) Planning commission. The public participation program should
clearly describe the role of the planning commission, ensuring
consistency with requirements of chapter 36.70, 35.63, or 35A.63
RCW.
(4) Each county or city should try to involve a broad cross-section
of the community, so groups not previously involved in planning
become involved.
(5) Counties and cities should take a broad view of public
participation. The act contains no requirements or qualifications
that an individual must meet in order to participate in the public
process. If an individual or organization chooses to participate,
it is an interested party for purposes of public
participation.
(6) Providing adequate notice.
(a) Counties and cities are encouraged to consider a variety of
opportunities to adequately communicate with the public. These
methods of notification may include, but are not limited to,
traditional forms of mailed notices, published announcements,
electronic mail, and internet web sites to distribute informational
brochures, meeting times, project timelines, and design and map
proposals to provide an opportunity for the public to
participate.
http://www.mrsc.org/mc/wac/WAC%20365%20%20TITLEIWAC%20365...
12/23/2010
Page 3 of6
(b) Counties and cities must provide effective notice. In order to
be effective, notice must be designed to accomplish the
following:
(i) Notice must be timely, reasonably available and reasonably
likely to reach interested persons. Notice of all events where
public input is sought should be broadly disseminated at least one
week in advance of any public hearing. Newspaper or on-line
articles do not substitute for the requirement that jurisdictions
publish the action taken. When appropriate, notices should announce
the availability of relevant draft documents and how they may be
obtained.
(ii) Broad dissemination means that a county or city has made the
documents widely available and provided information on how to
access the available documents and how to provide comments.
Examples ofmethods of broad dissemination may include:
(A) Posting electronic copies of draft documents on the county and
city official web site;
(B) Providing copies to local libraries;
(C) Providing copies as appropriate to other affected counties and
cities, state and federal agencies;
(D) Providing notice to local newspapers; and
(E) Maintaining a list of individuals who have expressed an
interest and providing them with notice when new materials are
available.
(iii) Certain proposals may also require particularized notice to
specific individuals if required by statute or adopted local
policy.
(iv) The public notice must clearly specify the nature of the
proposal under consideration and how the public may participate.
Whenever public input is sought on proposals and alternatives, the
relevant drafts should be available. The county or city must make
available copies of the proposal that will be available prior to
the public hearing so participants can comment appropriately. The
notice should specify the range of alternatives considered or scope
of alternatives available for public comment in accordance with RCW
36.70A.035 (2)(b)(i) and (ii).
(7) Receiving public comment.
(a) Public meetings on draft comprehensive plans. Once a
comprehensive plan amendment or other proposal is completed in
draft form, or as parts of it are drafted, the county or city may
consider holding a series of public meetings or workshops at
various locations throughout the jurisdiction to obtain public
comments and suggestions.
http://www.mrsc.org/mc/waclWAC%20365%20%20TITLEIWAC%20365...
12/23/2010
Page 4 of6
(b) Public hearings. When the final draft of the comprehensive plan
is completed, at least one public hearing should be held prior to
the presentation of the final draft to the county or city
legislative authority adopting it.
(c) Written comment. At each stage of the process when public input
is sought, opportunity should be provided to make written
comment.
(d) Attendance for all meetings and hearings to which the public is
invited should be free and open. At hearings all persons desiring
to speak should be allowed to do so. A county or city may establish
a reasonable time limitation on spoken presentations during
meetings or public hearings, particularly if written comments are
allowed.
(8) Continuous public involvement.
(a) Consideration of and response to public comments. All public
comments should be reviewed. Adequate time should be provided
between the public hearing and the date of adoption for all or any
part of the comprehensive plan to evaluate and respond to public
comments. The county or city should provide a written summary of
all public comments with a specific response and explanation for
any subsequent action taken based on the public comments. This
written summary should be included in the record of adoption for
the plan.
(b) Ending the opportunity for comment prior to deliberation. After
the end of public comment, the local government legislative body
may hold additional meetings to deliberate on the information
obtained in the public hearing.
(c) Additional meetings may be necessary if the public hearings
provided the county or city with new evidence or information they
wish to consider. Ifduring deliberation, the county or city
legislative body identifies new information for consideration after
the record of adoption has been closed, then it must provide
further opportunity for public comment so this information can be
included in the record.
(9) Considering changes to an amendment after the opportunity for
public review has closed.
(a) If the county or city legislative body considers a change to an
amendment, and the opportunity for public review and comment has
already closed, then the county or city must provide an opportunity
for the public to review and comment on the proposed change before
the legislative body takes action.
(b) The county or city may limit the opportunity for public comment
to only the proposed change to the amendment.
http://www.mrsc.org/mc/wac/WAC%20365%20%20TITLE/WAC%20365...
12/23/2010
Page 5 of6
(c) Although counties and cities are required to provide an
opportunity for public comment, alternatives to a scheduled public
hearing may suffice. Adequate notice must be provided indicating
how the public may obtain information and offer comments.
(d) A county or city is not required to provide an additional
opportunity for public comment under (a) of this subsection if one
of the following exceptions applies (see RCW 36.70A.035
(2)(a)):
(i) An environmental impact statement has been prepared under
chapter 43.2lC RCW, and the proposal falls within the range of
alternatives considered in the environmental impact
statement;
(ii) The proposed change is within the range of alternatives
available for public comment. When initiating the public
participation process, a county or city should consider defining
the range of alternatives under consideration;
(iii) The proposed change only corrects typographical errors,
corrects cross-references, makes address or name changes, or
clarifies language of a proposed ordinance or resolution without
changing its effect;
(iv) The proposed change is to a resolution or ordinance making a
capital budget decision as provided in RCW 36.70A.120; or
(v) The proposed change is to an ordinance or resolution enacting a
moratorium or interim control adopted in compliance with RCW
36.70A.390.
(e) If a county or city adopts an amendment without providing an
additional opportunity for public comment as described under (a) of
this subsection, the findings of the adopted ordinance or
resolution should identify which exception under RCW 36.70A.035
(2)(b) applies.
(10) Any amendment to the comprehensive plan or development
regulation must follow the applicable procedural requirements and
the county or city public participation plan. A county or city
should not enter into an agreement that is a de facto amendment to
the comprehensive plan accomplished without complying with the
statutory public participation requirements. Examples of a de facto
amendment include agreements that:
(a) Obligate the county or city, or authorizes another party, to
act in a manner that is inconsistent with the comprehensive
plan;
(b) Authorize an action the comprehensive plan prohibits; or
(c) Obligate the county or city to adopt a subsequent amendment to
the comprehensive plan.
http://www.mrsc.org/mc/wac/WAC%203650/0200/020TITLE/WAC%20365...
1212312010
http://www.mrsc.org/mc/wac/WAC%20365%20%20TITLEIWAC%20365...
12/23/2010